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What Does the Prosecutor’s Playbook Actually Look Like Behind the Scenes?

White Collar Advice

Release Date: 09/09/2025

Tai Lopez Faces $112M Fraud Allegations show art Tai Lopez Faces $112M Fraud Allegations

White Collar Advice

In today’s episode, I share some personal thoughts on the news that Tai Lopez has been charged by the SEC with running a $112 million Ponzi scheme through his company, Retail Ecommerce Ventures. I’ve followed Tai’s work over the years—not as an investor in his 67 Steps or any of his programs, but as a marketer interested in how he built an empire around books, Lamborghinis, and lifestyle branding. Millions admired him, millions hated him, but nobody ignored him. Now he’s facing something I know all too well: an SEC case that could be referred to the DOJ and turn criminal. My own case...

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What lesson from Seth Godin’s “purple cow” applies to standing out in prison and after? show art What lesson from Seth Godin’s “purple cow” applies to standing out in prison and after?

White Collar Advice

In this episode I go back to April 28th, 2008, the surrender drive my mom and older brother made with me, the gas station in Bakersfield, the very bad Carl’s Jr. meal, and the fact that I walked in without a plan until I met Michael inside, I explain how that mentorship led to my first asset, a daily writing commitment that started on October 12, 2008, I sent pages to my mom, she put them on the internet, I got praise and criticism and kept going, I lay out why I tell people to write something today—even a napkin note—and why to build a profile on prison org with a biography, daily...

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What do families remember more: the dad who complained about commissary peanut butter—or the one who stayed grateful? show art What do families remember more: the dad who complained about commissary peanut butter—or the one who stayed grateful?

White Collar Advice

In this episode I talk about family, because I saw the heartache and I also saw the hope in visitation, I lay out why complaining about peanut butter, mail call, alarms, and cold water does nothing at home while gratitude, studying, writing, preparing, and engaging in programs actually changes how your family experiences your time, I share how Michael helped men strengthen letters to judges, probation, and employers, and why telling the truth on calls matters more than fishing for sympathy, I get into Viktor Frankl on the why, Marcus Aurelius on perspective, and Epictetus on where to put your...

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What does Blink teach about thin-slicing, and why does it matter for defendants? show art What does Blink teach about thin-slicing, and why does it matter for defendants?

White Collar Advice

This episode focuses on reputation from the inside—how people will thin-slice you in seconds off a DOJ press release and why you can’t leave the frame empty. I walk through saying “don’t use my name” to using the conviction as a conversation starter, writing daily, and handing out a signed book. We hit Blink (snap judgments), Montaigne (hard questions on the page), and Jim Rohn (work harder on yourself than on your job). Then I spell out what to post where people can see it: biography, journals, book reports, release plan, testimonials—time-stamped entries that add up to a body of...

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What lesson did Matthew Bowyer’s segmentation and “next right thing” mindset teach? show art What lesson did Matthew Bowyer’s segmentation and “next right thing” mindset teach?

White Collar Advice

This episode is a push against waiting. I walk through the driving-range text—“you were right”—and the call that followed: a target who delayed prep through discovery and then learned cooperators had already proffered while the government moved ahead. We cover why time is against you (think blitzkrieg), why case managers and other stakeholders form opinions daily, and why segmenting the next hour and the next week is the only way to move. I lay out grounded asks: the right prison request, specific facility and programming (including RDAP) on the record, a surrender date that aligns,...

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What Did Writing My First Blog by Hand in Prison on October 12, 2008 Teach Me About Creating Assets? show art What Did Writing My First Blog by Hand in Prison on October 12, 2008 Teach Me About Creating Assets?

White Collar Advice

This final episode in the pre-sentencing series strips it down to the basics: if you don’t build your record, the government’s version stands uncontested. I talk about the common mistakes defendants make—waiting, trusting lawyers to handle everything, assuming cooperation or restitution will be enough—and why those choices lead to longer sentences and regret. I share the story of the physician told to work at KFC in the halfway house, and how it traces back to lack of preparation. I also revisit David Mulder’s case, where ignoring his lawyer’s advice and creating a narrative helped...

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Tracii Hutsona Earned Freedom show art Tracii Hutsona Earned Freedom

White Collar Advice

In this episode, I put the spotlight on pressure and proof, not talk. Tracii Hutsona took a 51-month sentence after a tough victim impact statement and refused to drift. She surrendered with a written plan, shared it with family and a Tucson case manager, taught others how to write and document, and those efforts went into her central file. With evidence, updates, timelines, and third party support in place, she showed progress to her case manager, the warden, probation, and her judge, and asked to be considered extraordinary and compelling under the First Step Act. The judge cut nine months;...

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Why do your 1,000 daily minutes decide what your life looks like after prison? show art Why do your 1,000 daily minutes decide what your life looks like after prison?

White Collar Advice

In this episode, I dive into what Michael Santos taught me about the quadrant theory and how it shaped my prison adjustment. He broke down every day into 1,440 minutes—about 1,000 after sleep—and made me see how each of those minutes mattered. I explain the four quadrants—high risk/low reward, low risk/low reward, high risk/high reward, low risk/high reward—and how every decision in prison fits into one of them. I share why documenting your journey is high risk but high reward, why reading with purpose is low risk but high reward, and why wasting time with endless laps or TV is just...

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What Hidden Advantage Did David Gain by Influencing a Million People In Federal Prison and 50 Students At USC show art What Hidden Advantage Did David Gain by Influencing a Million People In Federal Prison and 50 Students At USC

White Collar Advice

In this episode, I share the story of a physician who discovered too late that his sentencing memorandum didn’t reflect any of his work, and I contrast that with David Mulder, who decided to take action even when his lawyer told him not to. David watched interviews with federal judges, realized he hadn’t “fixed the window,” and reached out for help. Together, we created a narrative, got it into the probation report, and built on it with volunteering, speaking, and character letters. His lawyer had no idea our team was involved, but the strategy worked. Guidelines called for 48 to 60...

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Why Do Most Defendants Get the Order of Mitigation Completely Wrong—And Pay the Price? show art Why Do Most Defendants Get the Order of Mitigation Completely Wrong—And Pay the Price?

White Collar Advice

When I was indicted, I let my lawyer speak first, then my friends and family. My own voice came last—and weakest. Judge Boulware once said the order of mitigation must start with the defendant. Yet most people get it wrong, and judges see straight through the excuses. In this episode, I break down why defendants can’t outsource their story, why boilerplate hardship claims (“I’ll miss my family,” “I’ll lose my career”) fall flat, and how honesty about privilege, mistakes, and collateral consequences actually earns respect. We even discuss a father with an autistic child who...

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I had to be blunt with someone in our community this week. He’d proffered, cooperated, paid restitution, hired good lawyers—and still thought that meant prosecutors were his friends. They’re not. Their job is to convict, and they’ll use every resource to do it. Probation officers aren’t neutral either. They see themselves as protecting society, and unless you influence the report, it usually mirrors the government’s version of events. Judges? Most came from prosecution. They review hundreds of cases and usually align with what’s in front of them: prosecutor, probation, defense memo. If that’s all they see, you lose by default. The only way to counter it is to act—create a record, write, show growth, and give your judge something authentic to weigh. Thinking isn’t enough. If you don’t start building now, you’ll face sentencing with nothing but the government’s story on the record.

Justin Paperny